Jury Awards $7M In Damages To Family Of DOT Employee Struck By Truck

DAVID DRURYSpecial to The Courant

Family of Rocky Hill man, a DOT supervisor, killed by truck awarded $7 million in damages

HARTFORD — A Superior Court jury in Hartford has awarded $7.29 million in damages to the family of a state Department of Transportation supervisor who was struck and killed by a tractor-trailer on Route 8 in March 2012.

Daniel R. DiNardi, 41, of Rocky Hill, died on the afternoon of March 22, 2012 after he was hit while clearing debris from the side of the northbound lanes between exits 29 and 30 in Waterbury. His orange DOT pickup was parked on the right shoulder.

His family filed suit in August 2012 against the truck driver, Gina Davies, and the company she worked for, PTX Services LLC of Plymouth, Wisc.

The six-member jury deliberated for less than an hour Friday before finding the company and the driver negligent and awarding compensatory damages to the victim's estate. Dinardi left two minor children.

An attorney for the DiNardi estate, John Houlihan of RisCassi & Davis PC, said the trial lasted almost two weeks. Witnesses testified that DiNardi was wearing personal protection and complying with OSHA guidelines when he was struck by the truck, which veered off the pavement onto the shoulder.

"My thought was that she dozed off. The jury specifically found she did not," Houlihan said.

Following a state police investigation, Davies was charged with several offenses. She pleaded guilty Aug. 28, 2013, to a single count of misconduct with a motor vehicle, a Class D felony. She received a five-year sentence, suspended after two years, which she is currently serving at York Correctional Institution.

Davies, who is scheduled to be released in December, testified at the trial.

"For reasons that were completely unknown and unexplained, the PTX driver, Gina Davies, failed to see Mr. DiNardi on the side of the road, struck him and killed him,'' Houlihan said. "She pled guilty to criminal charges that were brought against her and tried to explain that away to the jury."

Attorney William J. Melley III, who with Joseph B. Burns of Rome McGuigan represented the defendants, released a statement on behalf of PTX Services:

"PTX Services and all its' employees extend their deepest sympathy to the DiNardi family for the tragic loss of their loved one. The impact of this accident on our organization has also been profound. The trial was difficult and emotional for all on many levels.

"Before the trial, every dollar of our insurance coverage had been offered. It is not clear whether any other monies will ever be available to go towards the verdict. While we respect the judicial system, we have many questions about the process. We will be working closely with our legal counsel to review all our options."

Melley declined further comment. The defendants have 10 days to appeal the verdict.

"I fully expect a motion to set aside the verdict and am confident it will be unsuccessful,'' Houlihan said.